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Abortion in an Anarcho-Capitalist Society

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MaikU replied on Fri, May 13 2011 10:51 AM

DD5:

However, a proper analogy would be as follows: The girl by some means, permanently attaches herself physically to your body living off you parasitically and there is no possible way to ever expel her without killing her.  

nice put.

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(english is not my native language, sorry for grammar.)

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Southern replied on Fri, May 13 2011 4:14 PM

The girl is only an intruder if you do not consent to here presence and she refuses to leave.

She is an intruder by her presence on your property without your consent.  It is irrelevent if whe is willing to leave or not. Untill she is gone she is an intruder.

Also, proportional reaction and response to property violators is another issue.  I don't believe there is a formula you can use to figure out what is appropriate and what is not.  The market would have to sort out what is acceptable and what is not

I believe we could safely make some guesses as to what would be permitted.

However, a proper analogy would be as follows: The girl by some means, permanently attaches herself physically to your body living off you parasitically and there is no possible way to ever expel her without killing her.

I see some problems with your analogy.  The girl would not need to permanently attach herself to you physically. Because there is nothing permanent about pregnancy in about 9 months the baby (trespasser) will leave. 

A physical attachment is irrelevent.  If trespasser chains himself to your front door you do not have the right to kill them (there are other non lethal ways to deal with him).  Lethal force is not justified unless he threatens your life.  This is the same as pregnancy... there are ways of removing the baby without killing or dismembering the child. 

There is nothing parasitic about pregnancy.  It is a misuse of the word.  Biologically speaking it is a symbiotic relationship. To describe it any other way is dishonest.  With that said the woman should have the right to end the relationship at any point.  But the methods that she can employ can and should be limited.  Just as with any other relationship.

 

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Seraiah replied on Fri, May 13 2011 8:04 PM

DD5 wrote the following post at 05-13-2011 12:32 AM:

"[The value of human life is not an underlying assumption of libertarian philosophy.]"


Jees, why didn't you just say so? Did anyone tell you that you're quite defensive when talking about this subject?

So. Your position, if I understand you correctly, is that you can remove an invader from your property with limitless force regardless of the intentions, motives, knowledge, or even free will of the invader.

In the case of a baby. It is not only completely innocent and unaware of its intrusion, it is impossible for it to stop its own "aggression". Therefore, the only way to stop the supposed "aggression" of the innocent baby, the mother or a third party must aggress against the baby and kill it. While it is true that a baby cannot give consent it is often assumed in libertarian thought that when in doubt, the answer is no (I can give examples if you insist.).

So. You have stated that the baby is aggressing against the mother against the mothers consent, and that is why the babies rights are not worth consideration. The baby, however, is clearly not aggressing as it is innocent by any definition of the term. Would you please tell me what you think qualifies as aggressing?

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DD5 replied on Fri, May 13 2011 8:42 PM

Seraiah:

DD5 wrote the following post at 05-13-2011 12:32 AM:

"[The value of human life is not an underlying assumption of libertarian philosophy.]"

You have misquoted me.  It is either disingenuous or very careless of you.

Seraiah:
t is impossible for it to stop its own "aggression".

This is irrelevant.  Look, as I told you before.  This debate is over values.  I have no interest to debate values.  You can't argue values.  Libertarianism is not a philosophy that grantees some ideal moral code or anything like that. There are no prefect solutions to such difficult problems, but I believe a free society will achieve far better results.  Most states don't ban abortion.  On the contrary, they finance it and make people like you pay for it.  States that have banned it received a very painful lesson in "unintended" consequences of State interventionism.  

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James C replied on Fri, May 13 2011 9:12 PM

i find pro-life libertarians aggravating since they go out of their way to make it seem like all libertarians agree with them, an appeal to majority where no consensus even exists. this drives away people who end up thinking libertarians are no different from hypocritical conservatives who protest big government except when theyre telling people how to live their lives. not to mention that they dont explain how exactly a prohibition on abortion can be enforced without government coercion. i cant tell you how many times ive had this discussion with Christian libertarians, and it inevitably leads to "But Ron Paul is pro-life!", as if that should mean anything/explain everything. when someone asks me my position on the issue, i just quote Rand and Rothbard, since they explain my personal feelings with such eloquence:

"The proper groundwork for analysis of abortion is in every man's absolute right of self-ownership. This implies immediately that every woman has the absolute right to her own body, that she has absolute dominion over her body and everything within it. This includes the fetus. Most fetuses are in the mother's womb because the mother consents to this situation, but the fetus is there by the mother's freely-granted consent. But should the mother decide that she does not want the fetus there any longer, then the fetus becomes a parasitic 'invader' of her person, and the mother has the perfect right to expel this invader from her domain. Abortion should be looked upon, not as 'murder' of a living person, but as the expulsion of an unwanted invader from the mother's body. Any laws restricting or prohibiting abortion are therefore invasions of the rights of mothers." -Murray Rothbard

"An embryo has no rights. Rights do not pertain to a potential, only to an actual being. A child cannot acquire any rights until it is born. The living take precedence over the not-yet-living (or the unborn). Abortion is a moral right—which should be left to the sole discretion of the woman involved; morally, nothing other than her wish in the matter is to be considered. Who can conceivably have the right to dictate to her what disposition she is to make of the functions of her own body?” -Ayn Rand

 

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Seraiah replied on Sat, May 14 2011 10:15 AM

DD5
"You have misquoted me.  It is either disingenuous or very careless of you."
It was a bracket quote.
However, if it was not the jist of what you were saying, then please restate more clearly?
Though if that's not what you said, then being against abortion to defend the babies life shouldn't be an "arbitrary value".

DD5
"This is irrelevant."
You said it was relevant just a few posts ago. You said that the childs rights should not be considered because the child is the aggressor. I refuted that argument by stating that a baby in the womb cannot possibly be considered an aggressor.
If you did not say that a childs rights should not be considered because he or she is an aggressor, then could you please restate your point more clearly?

DD5
"I have no interest to debate values."
It seemed to me that you didn't want to bring the value of life into the discussion, so I remained inside your own framework IE: Property Rights. Property rights are in fact a value, but we aren't debating the value, what I'm debating is the idea that a childs property rights should be ignored in favor of the mother in all circumstances.

If I have at all misunderstood or didn't state your position correctly please clarify.

James C quoting Ayn Rand
"An embryo has no rights. Rights do not pertain to a potential, only to an actual being."
Please define what an "actual being" is (or Ayn Rand's definition). I was once a fetus, you were once a fetus. We are "actual beings" as far as I'm aware.

James C quoting Murray Rothbard
"every woman has the absolute right to her own body"
If this were true then a woman inside the womb would also have absolute right to her own body. So it must not be true. 
I thought this was Hoppe's argument. Wasn't. ha.

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What if the woman is raped AND it's a risky pregnancy AND she wants to keep the baby?  Does the abortion industry have economies of scale, just like the medical OB/GYN industry?  Did women with risky pregnancies prior to her create experience for only one of the industries?  She didn't want to conceive, but once she did, she wanted to keep the baby.  Now what?

Now on to a reply to everyone in and out of the thread...

 

Since this appears to be the most recent abortion thread, I will post my proposal here, to approach this issue the way Chaos Theory by Robert Murphy would have us.
 
Anarchist societies would have more pro-life communities that abortion-permissive statist societies, provided that there were a number of pro-lifers greater than about two.
 
First, pro-lifers would be able to "establish a gated community in which all residents agreed to refrain from abortion, and to report anyone caught performing one[,]" [RPM in Chaos Theory p 26] and have any other policies they wanted regarding the issue if they thought those would help.
 
For example, women could sign contracts pledging restitution in the case of their changing their minds and aborting, for marriage agreements.  Women and men who agreed that abortion restrictions in their marriage were mutually beneficial would likely sign these contracts.  (I read somewhere that it is illegal to have these kinds of agreements in the present system, and I don't personally know anyone who does).
 
Another consideration is that restitution pledges for rape would be agreed upon, and paid whether the woman conceived or not, and would perhaps be a much larger sum if conception did occur.  Men would be able to buy insurance for this in the way outlined in Chaos Theory with regards to other crimes, and thanks to the ability to test DNA these days, it's easier to imagine how it would be potential criminals, not just potential victims, who bought this insurance.
 
Communities would impose travel restrictions on those who did not carry the more expensive (read: pro-life) policy, and if someone did not have it "Such an individual would therefore be viewed with suspicion and people would be reluctant to deal with him except for single transactions involving small sums" (Chaos Theory, p 21).
 
Abortions are much more affordable than children, so pro-choice communities would form and be rather devoid of these kinds of contracts.  The men in these communities might still have to pay for insurance that agreed to pay restitution for childbearing, as many women do not choose to abort pregnancies resulting from rape.  There will always be those women who don't want children and will abort no matter what, even if it is made legal, but there are far more women who prefer to reserve the right to change their minds.  The insurance companies would just pay for what was covered in those communities, though.
 
Just as insurance for restitution covering only abortion would be rarer than coverage for children, the insurance companies that had "more pro-life" policies would be larger and collect more money, apples to apples.
 
RPM focuses on how the market would provide a system for exchange and property rights without getting too far into the territory of political philosophy or the content of the laws, and the same kind of thinking is useful in elaborating on the abortion issue.  So, here are some preliminary ideas about the contracts ("And why would a woman even agree to these terms?")
 
The basis for the contractual restrictions on abortion is that many of the belabored ideas on bodily property rights, when self-ownership starts and what it trumps, personhood, "human" as an adjective vs a noun, etc., etc., etc., are all sidestepped by the mere act of waiving rights (assuming they are even rights).
 
To see this, stipulate that a fetus is not a person and that women always reserve the right by default to "do whatever they want with their bodies."  Now assume that at least one woman agrees to terms restricting abortion in a contract.  This contract specifies that if she becomes pregnant, she doesn't have the right to take drugs, drink alcohol, have an abortifacient tea, knowingly do anything that deliberately would end the pregnancy, change her mind and act on it without penalty, declare a fetus is not a person and act on that belief, and so on.  It addresses all the pro-choice workarounds, whether a matter of ideas or action.  Perhaps the contract even has terms to the effect that she considers the fetus a person and states her acknowledgment they deserve special treatment and protections.
 
In theory, pro-life women would agree to these terms because they are pro-life.  Others might join in if they "would never have an abortion myself (but would never tell another woman what to do)"  Others would do it for relationship stability, whether in marriage or a group love circle.  
 
To form entire communities with a pro-life standard, women would have to agree to these terms in relation to whose property they were on.  If insurance companies and the medical profession were allowed to freely associate and discriminate as they saw fit, others would benefit by waiving any and all abortion access "rights" by restricting whether experienced abortion providers could try their hand at delivering live babies upon a sudden conversion, or whether OB/GYNs could moonlight as abortion providers.  Only those who agreed never to abort would have access to specialists who promised not to perform abortions.
 
The result would be that riskier pregnancies were less risky to keep, and non-risky pregnancies would be less risky to keep.  Abortion would be riskier in these communities.  In a way, feminism-sympathizing women who agreed to keep even the toughest of pregnancies could view themselves as making the birth safer for the next woman in a similar situation.
 
Some communities in the world experience high-risk pregnancies, deliveries, and high-risk abortion.  Human rights organizations propose that we make abortion safer there.  Pro-lifers and pro-choicers have both stated that experience providing abortions does not translate to experience helping women through labor.
 
Insurance companies who were in this business could even come to be like the ones RPM discusses in his second essay in Chaos Theory, by analogy.  If life insurance companies can reduce their own liability by contracting out defense services that reduce the likelihood they have to pay claims, then contract and health insurance companies could make it their agenda to reduce cases of rape, let alone maternal deaths resulting from continued pregnancy.  There's probably a parity of reasoning exercise to be done here as well, regarding externalities and undercutting other insurance companies that had already captured a portion of the market.  The solution RPM proposed to the "bargaining scenario" was to have conditional contracts depending on how many people agreed.
 
There are all kinds of attitudes on abortion at different stages, from conception through stages of development or trimesters to the neonatal period.  The theoretical market for contracts against rape and murder and thievery is huge, because "everyone knows" the same thing about these acts.  Abortion may be more complex due to the variety of sincerely-held beliefs.  The rival community standards to the pro-life ones I am proposing would likely be pursued, but it is far preferable that a nonzero number of pro-life communities could legally form.
 
Walter Block proposes the stance of evictionism that appears to be intended to resolve the abortion issue.  It's true that abortion shows that pro-choicers would rather kill than evict, while the reach of the bodily integrity objections only allows eviction.  Eviction, however, will be offensive to some pro-lifers' sensibilities, and pro-lifers should be allowed to include eviction as something that can be waived in a contract.  So whether it is abortion or eviction, contracts anticipate and sidestep the issue.
 
I'll even go so far as to suggest that the entire grand thought experiment created by Judith Jarvis Thomson is sidestepped.  One way to follow debate form is to show the strength one's own argument by conceding territory and still driving the point home.  So, instead of injecting premises that disrupt the parity of reasoning she created, I will concede the entire thing and do her one better on fetal personhood.  Note that I asked the reader above to stipulate that a fetus is not a person, but asked them to treat the fetus as a person if the mother agrees contractually (even if she was not pregnant at the time) that it is.
 
Does the person have a contract with anyone that says "If I am the only person that can keep a total stranger alive, I hereby acknowledge the right to kidnap me and use me as a life support system for that stranger"?  Does the woman have a contract that specifies that her own fetus is (to be treated as) a person and agree to penalties if she evicts or aborts?  Is it impossible to be specific in what one agrees to and does not agree to?
 
Now we not only don't have to worry about personhood and potential personhood arguments, the part of speech of the predicate term "human," self-ownership, bodily self-determination, DNA, dependence and independence, we don't have to wring our hands about Henry Fonda putting his hand on our brow by coming across the room, people-seeds, or persons who grow in houses and put the fellow living room dwellers at risk of death.
 
The right to change your mind without penalty on something like what you can do with your body in the case of pregnancy is not inalienable.  It can be waived.  This is the theme throughout the above proposal.  I believe that legal abortion access is a technicality that market law would make shorter work of than the democratic pro-life movement could, and that market law would be fairer to everyone.
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Brian LaSorsa:

I know. Uh-oh. Just hear me out.

Aside from the morality arguments regarding abortion, many people oppose it not only due to religion but because they view it as murder and an act of force/aggression.

How would the laws be formed in an anarcho-capitalist society if some people do see it that way? Would abortion opposers have a right to use violence against those performing/desiring an abortion, calling it a type of defense for a fetus that cannot fight back itself? Again, this isn't about the morality involving abortion, it's just about what would happen. The Nazis thought killing Jews wasn't necessarily 'murder', but clearly it is.

How would this play out?

When a fetus is clearly living, whether discerned through instrumental measurement or simple observation, it has the right to its life. This is plainly and simply in accordance with natural rights. If the mother wants to kill her unborn child, what is the difference between that and killing her child that is born? According to natural rights, there is absolutely no difference.

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hashem replied on Tue, Oct 30 2012 9:07 PM

Brian LaSora:
Would abortion opposers have a right to use violence against those performing/desiring an abortion, calling it a type of defense for a fetus that cannot fight back itself?

The fetus has no recourse—it isn't an individual, and it isn't capable of conscious intelligence-driven behavior, so it has no natural rights.

Nobody else has any recourse—they don't own the fetus as property.
The mother owns the fetus as a matter of fact (it's part of her) and of necessity (it's within her and dependent on her continued support). Her choice to abort is flawlessly righteous (morally and legally).

As an aside, the idea that aborting a fetus is "bad" or "wrong" results from the tendency of homo sapiens to project their experiences onto everything. So they imagine a fetus consciously experiencing some kind of physical pain, or somehow being sad and emotionally destroyed as it's aborted, which is totally silly. The idea that a fetus is consciously aware right when it's born is ridiculous enough, but to say it's consciously aware near the end of gestation is over the top.

As another aside, the idea that anyone can use violence on behalf of people who either A) don't give them that authority or B) don't have that authority to give in the first place, is one of those libertarian mind numbingly nonsensical ideas that scares the hell out of me. Those kinds of crackpots are just looking for opportunities to use violence.

Whenever you find yourself on the side of the majority, it's time to pause and reflect. —Mark Twain
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I'm anti abortion here...

I agree that force against the fetus is unjustified, yes the mother has a right to her own body, but if the fetus the mothers body? The fetus is another entity in itself.

Maybe a technology will arise where instead of aborting a fetus, you can transfer it to a surrogate mother. Im not sure if this is even possible but it might work.

/2cents

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I never understood why people cared so much about a lump of cells.

:/

 

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hashem replied on Tue, Oct 30 2012 11:36 PM

I agree that force against the fetus is unjustified

But who cares? In an ancap society, nobody has any natural rights that entitle them to do anything about it.

And yet, it's not unjustified. Ancapism is based on the natural law theory of rights. In this theory, an individual capable of conscious action has rights. A fetus is neither an individual nor consciously acting. To think that killing it—even soon after birth—is comparable to killing a consciously aware human is downright silly and demonstrates projecting of ones own thoughts values onto something incapable of similar thoughts or values.

Whenever you find yourself on the side of the majority, it's time to pause and reflect. —Mark Twain
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excel replied on Wed, Oct 31 2012 3:52 AM

I never understood why people cared so much about a lump of cells.

Probably because they ARE a lump of cells.

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^Good point.

 

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